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11-10-09MINUTES REGULAR MEETING November 10, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November 10, 2009 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Hal Baldwin Councilmember David Scagliola Councilmember Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager David Harris Mayor Pro -Tern Jim Fowler Councilmember John Trayhan Assistant City Manager John Bierschwale City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Mayor Pro -Tem Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. PRESENTATIONS Presentation/Discussion and possible action regarding a proposal from the Historical Preservation Committee to undertake a renovation project for the development of a History Heritage Museum at the City owned house on Live Oak Road. (Dean Weirtz) Mayor Baldwin recognized Committee Chair Dean Weirtz who gave a brief Power Point presentation regarding the Commemorative History of the City of Schertz, the Committees past and future projects. Chair Weirtz also asked the approval of the Council to allow the committee to undertake a renovation project for the development of a History Heritage Museum at the City owned house on Live Oak Road. Mr. Weirtz answered questions from Council. Mayor Baldwin and City Manager Don Taylor stated that they had spoken to Mr. Weirtz and the committee about the use of the structure for a future museum and believes this structure would require a tremendous amount of work and believes that Mr. Weirtz and the committee could make it happen. Mr. was his recommendation to the Council to allow the Historical of the structure on Live Oak Road. 11 -10 -09 Minutes Taylor stated that it Committee the use Mayor Baldwin and Council thanked Mr. Weirtz and the committee members for all their work on the various projects. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Carpenter to authorize the Historical Committee the use of structure as discussed on Live Oak Road for a History Heritage Museum. Vote was unanimous. Motion Carried. HEARING OF RESIDENTS Mayor Baldwin recognized the following citizens: • Mr. Phillip Doyal, 861 Maske Road who spoke against the Maske Road closure. • Mr. Jack Mitchell, 3413 Sherwin Drive who spoke against Chelsea Street closure. • Mr. Ramon Cook, 913 Dimrock who addressed the Council regarding bike lanes vs. mailbox access. • Rosemary Grayson, 5213 Cabana Drive, who also addressed the Council regarding bike lane parking. Discussion and /or Action Items 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of November 3, 2009. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Carpenter to approve the minutes of the regular meeting of November 3, 2009. Vote was unanimous. Motion Carried. 2. Ordinance No. 09 -M -43 Texas Municipal Retirement System - Consideration and /or action regarding approving an ordinance electing for the City to make current service and prior service contribution to the City's account in the Municipal Accumulation Fund of the Texas Municipal Retirement System at the actuarially determined rate of total employee compensation. Final Reading (D. Dykes) Mayor Baldwin recognized City Manager Don Taylor who stated that nothing had changed since first reading. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Scagliola to approve Ordinance No. 09 -M -43 final reading. Vote was unanimous. Motion Carried. 3. No Parking in Bicycle Lane — Discussion regarding no parking, standing or loitering in the City of Schertz Bicycle Lanes. (Item back on agenda for council discussion and direction to staff) Mayor Baldwin recognized City Manager Don Taylor who introduced this item answering questions from Council. 11 -10 -09 Minutes Page - 2 - Mayor Baldwin recognized Councilmember Carpenter who again stated the purpose of bringing this item to Council for consideration was for the safety of the children using the bike lanes in school zones. Mayor and Councilmember's briefly discussed their views and concerns. Mayor Baldwin recognized Assistant City Manager John Bierschwale who asked that Council allow Public Works and the Engineering Department more time to develop a plan to resolve the issues brought up and bring this back to Council with their recommendations. Council concurred. No action taken on this item. 4. Election of Board of Directors for Comal Appraisal District Board — Consideration and /or action casting the number of votes eligible to submit in the upcoming election of the Board of Directors for Comal Appraisal District. (Mayor) Mayor Baldwin introduced this item answering questions from Council. Council discussed giving each candidate five votes each. Mayor Baldwin recognized Councilmember Carpenter who moved to extend five votes each to the candidates identified. Motion fails due to lack of second. Council further discussed this and it was recommended that Mayor Baldwin contact the Mayor of Selma to obtain information on where the votes would help and to bring this item back on the next agenda. This item was postponed to the November 17, 2009 meeting. 5. Award Bid # 09- PW- 39 -C -01— West Dietz Creek — Wiederstein Road Bridge Class Structure — Consideration and /or action awarding a bid for the West Dietz Creek, Wiederstein Road Bridge to V.K. Knowlton Construction and Utilities, Inc. in the amount of $251,632.55. (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item who stated that as part of the 2006 Street Bond Election, the City designated funding for improvements to West Dietz Creek from Maske Road to the Selma City Limits. At the Wiederstein Road Crossing, a bridge class structure was not included because Selma declined to participate in the funding. After the contract was awarded, signs were posted showing the road to be permanently closed after a certain date and following uproar from Selma citizens caused the City of Selma to rethink their position and agrees to split the cost of the structure. The project was bid on October 22, 2009 with eleven (11) contractors submitting. A tabulation of the bids showed the low bidder to be V.K. Knowlton Construction and Utilities, Inc., with a bid of $251,632.55. The City Engineer concurs with Ford Engineering, Inc. and recommends that Council award the bid for the West Dietz Creek — Wiederstein Road Bridge Class Structure 11 -10 -09 Minutes Page - 3 - Project to V.K. Knowlton Construction and Utilities, Inc., in the amount of $251,632.55. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Mayor Pro -Tern Fowler that based on the recommendation of the City Engineer that the City award the bid for the West Dietz Creels, Wiederstein Road Bridge to V. K. Knowleton Construction and Utilities, Inc., in the amount of $251,632.55. Vote was unanimous. Motion Carried. 6. FM 1103 & Chelsea Road Construction Project — Discussion and consideration and /or action regarding the FM 1103 & Chelsea Road Construction Project. (D. Taylor /L. Dublin) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this item stating the concerns of delaying this project in that it would cost the City more time and more money. Mr. Bierschwale also addressed the concerns of response times for emergency services. After considerable discussion, it was recommended to press on with the project and allow Chelsea Road to close. No action required. 7. Resolution No. 09 -R -57 — Discussion and consideration and /or action approving a resolution appointing and reappointing Directors of the Reinvestment Zone Number Two, City of Schertz and related matters. (M. Spain) Mayor Baldwin recognized City Manager Don Taylor who introduced this item who stated the Reinvestment Zone Number Two, City of Schertz, Texas (the "Zone "), is governed by a Board of Directors (the "Board ") consisting of eleven total directors (the "Directors "), six of whom are appointed by the City of Schertz, two of whom are appointed by Bexar County, and one each of whom is appointed by each of the San Antonio River Authority, the State Representative for the Zone, and the State Senator for the Zone. John Bierschwale and George Antuna are currently Directors of the Zone, and their terms have expired. Staff recommends that the City Council reappoint John Bierschwale and George Antuna to their positions as Directors of the Zone. The City currently has one vacant Director position on the Board, and staff recommends that the City Council appoint Gary Inmon as a Director of the Zone to fill such vacancy. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Mayor Pro -Tern Fowler to approve Resolution No. 09 -R -57 reappointing George Antuna and John Bierschwale and appoint Gary Inmon. Vote was unanimous. Motion Carried. Mayor Baldwin adjourned into executive session at 7.51 p. in. EXECUTIVE SESSIO 11 -10 -09 Minutes Page - 4 - Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property and Section 551.087 Deliberation regarding Economic Development Negotiations. Mayor Baldwin reconvened into regular session at 8:30 pan. RECONVENE TO REGULAR SESSION 8. Take any other action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests given. 11. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Baldwin recognized Mayor Pro -Tern Fowler who stated that Saturday, November 7, 2009 he had the privilege of attending the Senior Craft Fest in the absence of the Mayor being out of town. He stated that he was very impressed with their activities and requested that the City advertize in the Schertz Tales their future activities. Mayor Baldwin recognized Councilmember Scagliola who attended the following: • Monday, November 9, 2009 he attended the MIA /POW Cibolo Valley VFW ceremony. • Tuesday, November 10, 2009 he attended the Clemens ROTC Veterans ceremony. 11 -10 -09 Minutes Page - 5 - Mayor Baldwin recognized Councilmember Trayhan who thanked Assistant City Manager David Harris for his assistance in educating one of his Political Science classes. Mayor Baldwin stated that City Councilman Dick Ketsel from the City of Cibolo has been elected to serve as a representative to the Alamo Regional Rural Planning Organization for the member cities of Guadalupe, Comal, Karnes and Wilson Counties. Mayor Baldwin stated that there is a need for an ex- officio non - government alternate position on the MPO Transportation Policy Board and asked if the City could get someone to fill out an application, submit it and be selected to the board. The first year they would just be an alternate but then move up to a full -time primary member in 2011. It was suggested that Assistant City Manager David Harris be that individual. Mayor Baldwin also stated that he had handed out a news release by Lone Star Rail District and stated the following: • Legislative funding: The Legislature allocated $8.7 Million specifically for the regional rail system between Georgetown and San Antonio. This funding will be used for the preliminary engineering and environmental studies. • Rail relocation funding: The 2009 Texas Legislature appropriated $182 million to the Texas Rail Relocation and Improvement Fund — the first funding since voters approved the fund four years ago. The money is intended to help move freight traffic out of urban areas. • Union Pacific agreement: The Rail District reached an agreement with Union Pacific to study the feasibility of moving through freight service to a new line to free up the tracks for passenger rail. • Federal funding: The Rail District has submitted an application to receive a portion of the $8 billion in federal stimulus funding for rail. The Obama administration identified Texas' I -35 rail corridor as a priority area for future passenger rail. Mayor Baldwin read the following: "From the perspective of our students, faculty and staff, this corridor is one single region," said Dr. Denise Trauth, president of Texas State University, with campuses in both San Marcos and Round Rock. "We have faculty coming from Georgetown and from Boerne and up to 10,000 students commuting up and down this corridor. Having rail gives them a safe and predictable travel option and will help shape the choices they make about where to work and live." "Our plans for the future Texas A &M San Antonio campus include a rail station, which would be huge for our University," said Dr. Maria Hernandez 11 -10 -09 Minutes Page - 6 - Ferrier, President of Texas A &M San Antonio. "Imagine the `brain exchange' between the Universities on the Corridor – Texas A &M San Antonio, UTSA, Texas State and UT- Austin – when we could share faculty and conduct joint research, and the students themselves could commute to class." Mayor Baldwin further stated that the comprehensive market research program launched by Lone Star Rail District in 2009 analyzed the broad spectrum of opinions and perceptions of nearly 4 million potential customers throughout the I -35 corridor. 12. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized Assistant City Manager David Harris who stated that at the TML Conference the City of Schertz received an award from Laser Fiche for the extended use. ADJOURNMENT As there was no further action, Mayor Baldwin adjourncdthe meeting at 8:41 p.m. Baldwin, Mayor ATTEST: (-13r—eda Dennis, TRMC, CMC City Secretary 11 -10 -09 Minutes Page - 7 -